the factories act, 1948, for india

8/9/2019 The Factories Act, 1948, for India

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THE FACTORIES ACT,

1948

Presented By-

Sanjeev Prasad


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Interpretation

Adult means a person who had

completed his eighteenth year of age.

Adolescent means a person who has

completed his fifteenth year of age but hasnot completed his eighteenth year.

Child means a person who has not

completed his fifteenth year of age

Young person means a person who iseither a child or an adolescent


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Interpretation

Day- A period of 24 hours beginning it

midnight

Week- A period of seven days beginning

at midnight on Saturday night or suchother night as may be approved in writing

for a particular area by the ChiefInspector

of Factories

Power- electrical energy, or any other form

of energy which is mechanically

transmitted and is not generated by human

or animal agency


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Manufacturing process-

Making, altering repairing, ornamenting, finishing,packing, oiling, washing, cleaning, breaking up,demolishing, or otherwise treating or adapting anyarticle or substance with a view to its use, sale,transport, delivery or disposal, or

Pumping oil, water sewage or any other substance;or

Generating, transforming or transmitting power; or

Composing types for printing, printing by letterpress, lithography, photogravure or other similar

process or book binding; or Constructing, reconstructing, repairing, refitting,

finishing or breaking up ships or vessels; or

Preserving or storing any article in cold storage;


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Worker

A person 3 [employed, directly or by orthrough any agency (including acontractor) with or without the knowledgeof the principal employer, whether for

remuneration or not], in any manufacturingprocess, or in cleaning any part of themachinery or premises used for amanufacturing process, or in any otherkind of work incidental to, or connected

with, the manufacturing process, or thesubject of the manufacturing process,5[but does not include any member of thearmed forces of the Union


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Factory Whereon ten or more workers are working, or were working on any

day of the preceding twelve months and in any part of which amanufacturing process is being carried on with the aid of power, or is

ordinarily so carried on, or

Whereon twenty or more workers are working, or were working on

any day of the preceding twelve months, and in any part of which a

manufacturing process is being carried on without the aid of power,

or is ordinarily so carried on, But does not include a mine subject to the operation of6[the Mines

Act, 1952 (35 of 1952)], or1[a mobile unit belonging to the armed

forces of the Union, a railway running shed or a hotel, restaurant or

eating-place].

[Explanation[I]. -For computing the number of workers for the

purposes of this clause all the workers in 8[different groups andrelays] in a day shall be taken into account:]

[Explanation II. -For the purpose of this clause, the mere fact that

an Electronic Data Processing Unit or a Computer Unit is installed in

any premises or part thereof, shall not be construed to make it a

factory if no manufacturing process is being carried on in such

premises or part thereof;]


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Cleanliness

Accumulation of dirt and refuse shall beremoved daily by sweeping or by any othereffective method from the floors and benchesor workrooms and from staircases andpassages, and disposed of in a suitable

manner The floor of every workroom shall be cleaned

at least once in every week by washing, usingdisinfectant, where necessary, or by someother effective method

Where a floor is liable to become wet in thecourse of any manufacturing process to suchextent as is capable of being drained, effectivemeans of drainage shall be provided andmaintained


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All inside walls and partitions, all ceiling ortops of rooms and all walls, sides and topsof passages and staircases shall-

Where they are 1[painted otherwise than

with washable water-paint] or varnished,be repainted or revanished at least once inevery period of five years;

2[(i-a) Where they are painted withwashable water-paint, be repainted with atleast one coat of such paint at least oncein every period of three years and washedat least once in every period of sixmonths;]


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Where they are painted or varnished or where they havesmooth impervious surfaces, be cleaned at least once inevery period offourteen months by such method as may beprescribed;

(iii) In any other case be kept white-washed or colour-

washed, and the white-washing or colour washing shall becarried out at least once in every period of four-teen months;

3[(dd) All doors and window frames and otherwooden or metallic framework and shutters shall be keptpainted or varnished and the painting or varnishing shall becarried out at least once in every period of five years;]

(e) The dates on which the processes required by Cl. (d)are carried out shall be entered in the prescribed register.


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Dust and fume

(l) In every factory in which, by reason of themanufacturing process carried on, there is given off anydust or fume or other impurity of such a nature and to suchan extent as is likely to be injurious or offensive to theworkers employed therein, or any dust in substantialquantities, effective measures shall be taken to prevent itsinhalation and accumulation in any workroom, and if anyexhaust appliance is necessary for this purpose it shall beapplied as near as possible to the point of origin of dust,fume or other impurity, and such point shall be enclosed sofar as possible.

(2) In any factory no stationary internal combustionengine shall be operated unless the exhaust is conducted

into the open air, and no other internal combustion engineshall be operated in any room unless effective measureshave been taken to prevent such accumulation of fumestherefrom as are likely to be injurious to workers employedin the room.


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Other things to be considered

Artificial humidification

Overcrowding

Lighting

Drinking water

Away by 6 meters of any washing place,urinal, latrine, spittoon, open drain carryingsalvage or effluent or any other source ofcontamination] unless a shorter distance isapproved in writing by the ChiefInspector

In every factory wherein more than 250

workers are ordinarily employed provisionshall be made for cooling drinking waterduring hot weather by effective means andfor distribution thereof


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Latrines and urinals-

Separate enclosed accommodation

shall be provided for male and female

workers Sweepers shall be employed whose

primary duty it would be to keep clean

latrines, urinals and washing places.

Spittoons


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Safety

Fencing of machinery

Work on or near machinery in motion

No woman or a young person shall be allowedto clean, lubricant or adjust any part of a primemover or of any transmission machinery while

the prime mover or transmission machinery is inmotion, or to clean lubricate or adjust any partof any machine if the cleaning, lubrication oadjustment thereof would expose the woman oryoung person to risk o injury from any movingpart either or that machine or of any adjacentmachinery

No young person shall be required or allowed towork on dangerous machines unless propertraining

Striking gear and devices for cutting offpower(switches for on-off)


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Welfare

Washing facilities

Adequate and suitable facilities for

washing shall be provided and

maintained for the use of the workerstherein;

Separate and adequately screened

facilities shall be provided for the use of

male and female workers;

Such facilities shall be conveniently

accessible and shall be kept clean.


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Facilities for storing and dryingclothing suitable places for keeping clothing not worn

during working hours and for the drying of wet

clothing

Facilities for sitting In every factory suitable arrangement s for

sitting shall be provided and maintained for allworkers obliged to work in a standing position,

in order that they may take advantage of anyopportunities for rest which may occur in thecourse of their work.

First-aid appliances


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Canteen-

wherein more than 250 workers are ordinarilyemployed, a canteen or canteens shall be providedand maintained by the occupier for the use of the

workers.

Shelters, rest rooms and lunch rooms-

In every factory wherein more than 150 workers areordinarily employed, adequate and suitable shelters

or rest rooms and a suitable lunch room, withprovision for drinking water, where workers can eatmeals brought by them, shall be provided andmaintained for the use of the workers


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Creches-

In every factory wherein more than 1[thirtywomen workers] are ordinarily employed thereshall be provided and maintained a suitableroom or rooms for the use of children underthe age of six years of such women

Welfare Officers-

In every factory wherein 500 or more workersare ordinarily employed the occupier shallemploy in the factory such number of WelfareOfficers as may be prescribed.


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Working Hours of Adults

Weekly hours -Max 48 hours in any week.

Weekly holidays- (1) first day of the week (hereinafter referred to as thesaid day), unless- He has or will have a holiday for a whole day on one of the

three days immediately before or after the said day, and

The manager of the factory has, before the said day or the substituted day under

Cl. (a), whichever is earlier,- (i) Delivered a notice at the office of the Inspector of his intention to require

the worker to work on the said day and of the day which is to be substituted, and

(ii) Display a notice to that effect in the factory:

Provided that no substitution shall be made which will result in any worker working

formore than ten days consecutively without a holiday for a whole day.

(2) Notices given under sub-section (1) may be cancelled by a notice

delivered at the office of theInspector and a notice displayed in the factory notlater than the day before the said day or the holiday to be cancelled, whichever is

earlier.

(3) Where, in accordance with the provisions of sub-section (1), any worker

works on the said day and has had a holiday on one of the three day immediately

before it, that said day shall, for the purpose of calculating his weekly hours of

work, be included in the preceding week.


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Compensatory holidays-

Where, as a result of the passing of

an order or the making of a rule, a

worker is deprived of any of the

weekly holidays for which provisionis made in sub-section (1) of that

section, he shall be allowed, within

the month in which the holidays

were due to him or within the twomonths immediately following that

month, compensatory holidays of

equal number of the holidays so

lost.


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Daily hours. -Subject to the provisions of

Sec. 51, no adult worker shall be required

or allowed to work in a factory for more

than nine hours in any day:


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Intervals for rest.

periods of work of adult workers in a

factory each day shall be so fixed that no

period shall exceed five hours and that noworker shall work for more than five hours

before he has had an interval for rest ofat

least halfan hour.


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Spread over. -The periods of work of an

adult worker in a factory shall be so

arranged that inclusive of his intervals for

rest under Sec. 55, they shall not spread

over more than ten and a half hours in any

day:

Provided that the ChiefInspector may, for

reasons to be specified in writing, increasethe 1[spread overup to twelve hours.]


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Night Shift.

-Where a worker in a factory works on a

shift, which extends beyond midnight-

(a) For the purposes of Secs. 52 and 53 aholiday for a whole day shall mean in his

case a period of twenty-four consecutive

hours beginning when his shift ends:

(b) The following day for him shall be

deemed to be the period of twenty-four

when such shift ends, and the hours he

has worked after midnight shall be counted

in the previous day.


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Prohibition of overlapping

shifts. -

(1) Work shall not be carried on in any factory

by means of a system of shift so arranged that

more than one relay of workers is engaged in

work of the same kind at the same time.

1[(2) The State Government or subject to

the control of the State Government, the Chief

Inspector, may, by written order and for the

reasons specified therein, exempt on such

conditions as may be deemed expedient, anyfactory or class or description of factories or

any department or section of a factory or any

category or description of workers therein from

the provisions of sub-section (1)].


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Extra wages for overtime. -

(1) Where a worker works in a factory for

more than nine hours in any day or for

more than forty-eight hours in any week,he shall, in respect of overtime work, be

entitled to wages at the rate of twice his

ordinary rate of wages.


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ordinary rate of wages means the basic

wages plus such allowances, including the

cash equivalent of the advantage accruing

through the concessions] sale to workers

of foodgrains and other articles, as the

worker is for the time being entitled to, but

does not include a bonus and wages for

overtime work.


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Restriction on double employment

-No adult worker shall be required or

allowed to work in any factory on any day

on which he has already been working in

any other factory, save in such

circumstances as may be prescribed.


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In making rules under this section, the State Government

shall not exceed, of exemption under Cl. (a) of sub-section

(2) the following limits of work inclusive of overtime:

(i) The total number of hours work in any day shall not

exceed 10 hrs;

(ii) The spread-over, inclusive of intervals for rest, shall not exceed 12

hrs in any one day: Provided that the State Government may, in respect of any or all of thecategories of workers referred to in Cl. (d) of sub-section (2), make rules

prescribing the circumstances in which, and the conditions subject to

which, the restrictions imposed by Cls. (i) and (ii) shall not apply in order

to enable a shift worker to work the whole or part of subsequent shift in

the absence of a worker who has failed to report for duty;

7[(iii) The total number of hours of work in a week,

including over-time shall not exceed 60 hrs;

8[(iv) The total number of hours ofovertime shall not exceed 50 hrs forany one quarter.


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66. Further restrictions on employment of

women. -

(1) The provisions of this Chapter shall, in their application to women in

factories, be supplemented by the following further restrictions, namely:

(a) No exemption from the provisions of Sec. 54 may be granted in

respect to any women; i.e extra work

(b) No woman shall be 2[required or allowed to work in any factory] except

between the hours of6 a.m. and 7 p.m.:

Provided that the State Government may, by notification in the Official

Gazette, in respect of

1

[any factory or group or class or description offactories vary the limits laid down in Cl. (b), but so that no such variation

shall authorize the employment of any woman between the hours of 10 p.m.

and 5 a.m.

3[(c) There shall be no change of shifts except after a weekly holiday or any

other holiday.]


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Employment of Young Persons

Prohibition of employment of young

children. -No child who has not completed his

fourteenth year shall be required or allowed to

work in any factory.

68. Non-adult workers to carry tokens. -A

child who has completed his fourteenth year

or an adolescent shall not be required or

allowed to work in any factory unless-

(a) A certificate of fitness granted withreference to him under Sec. 69 is in the

custody of the manager of the factory, and

(b) Such child or adolescent carries while he

is at work a token giving a reference to such


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Working hours for children.

(i) No child shall be employed or permitted to work, in

any factory

(a) For more than four and a half hours in any day ;

1[(b) During the night.

Explanation-For the purpose of this sub-section night shall

mean a period of at least twelve consecutive hours, which shall

include the interval between 10 p.m. and 6 a.m.].

(2) The period of work of all children employed in a factory

shall be limited to two shifts which shall not overlap orspreadover more than five hours each and each child shall be

employed in only one of the relays which shall not, except with

the previous permission in writing of ChiefInspector be changed

more frequently than once in period of thirty days.

(3) The provisions of Sec. 52 shall apply also to child workers

and no exemption from the provisions of that section may be


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Annual Leave with Wages

Application of Chapter.- (1) The provisions of this chaptershall not operate to the

prejudice of any right to which a worker may be entitled under

any other law or under the terms of any award 1[agreement

(including settlement)] or contract of service :

1[Provided that if such award, agreement (including settlement)

or contract of service provides for a longer annual leave with

wages than provided in this chapter, the quantum of leave, which

the worker shall be entitled to, shall be in accordance with such

award, agreement or contract of service, but in relation to

matters not provided for in such award, agreement or contract of

services or matters which are provided forless favourably

therein, the provisions of Sees. 79 to 82, so far as may be, shall

apply.]

(2) The provisions of this chapter shall not apply to workers

1[in any factory] ofany railway administered by the Government

who are governed by leave rules approved by the Central

Government.


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Annual leave with wages.-

Every worker who has worked fora period of 240 days or more in a factoryduring a calendar year shall be allowed during the subsequent calendar year,

leave with wages for a number of days calculated at the rate of-

(i) If an adult, one day for every twenty days of work performed by him

during the previous calendar year;

(ii) If a child, one day for every fifteen days of work performed by him during

the previous calendar year.

Explanation l.-For the purpose of this sub-section,-

(a) Any days of lay-off, by agreement or contract or as permissible under the

standing orders;

(b)In the case of a female worker, maternity leave for any number of daysnot exceeding twelve weeks; and

(c) The leave earned in the year prior to that in which the leave is enjoyed;

shall be deemed to be days on which the worker has worked in a factory for the

purpose of computation of the period of 240 days or more, but he shall not earn

leave for three days.


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A worker whose service commences

otherwise than on the first day of January

shall be entitled to leave with wages at the

rate laid down in Cl. (i) or, as the case may

be, Cl. (ii) of sub-section (1) if he has

worked for two-thirds of the total number of

days in the remainder of the calendar year.


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If a worker is discharged or dismissed from service

or quits his employment or is superannuated or

dies while in service, during the course of the

calendar year, he or his heir or nominee, as the

case may be, shall be entitled to wages in lieu ofthe quantum of leave to which he was entitled

immediately before his discharge, dismissal,

quitting of employment, superannuation or death

calculated at the rates specified in sub-section (1),

even if he had not worked for the entire period

specified in sub-section (1), or sub-section (2)making him eligible to avail of such leave and such

payment shall be made-

(i) Where the worker is discharged or dismissed

or quits employment, before the expiry of the


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In calculating leave under this section,

fraction of leave of half a day or more shall

be treated as one full days leave, and

fraction of less than half a day shall be

omitted


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If earned Leave is not availed

If a worker does not in any one calendar year take the

whole of the leave allowed to him under sub-section (1) or

sub-section (2), as the case may be, any leave not taken by

him shall be added to the leave to be allowed to him in the

succeeding calendar year:

Provided that the total number of days of leave that may be

carried forward to a succeeding yearshall not exceed thirty in

the case of an adult orforty in the case of a child:

Provided further that a worker, who has applied for leave with

wages but has not been given such leave in accordance with

any scheme laid down in sub-sections (8) and (9) 2[or in

contravention of sub-section (10)] shall be entitled to carry

forward the 3[leave refused) without any limit.


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Sanction of earned Leave

A worker may at any time apply in writing

to the managerof a factory not less than

fifteen days before the date on which he

wishes his leave to begin, to take all the

leave or any portion thereof allowable to

him during the calendar year:

Provided that the application shall be

made not less than thirty days before thedate on which the worker wishes his leave

to begin, if he is employed in a public utility

service as defined in Cl. (n)or of Sec. 2 of

theIndustrial Disputes Act, 1947 (X

IVof1947 :


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For period of illness

if worker wants to avail himself of the leave

with wages due to him to cover period of

illness, he shall be granted such leave

even if the application for the leave is not

made within the time specified in sub-

section(6) ; and in such a case wages as

admissible under Sec. 81 shall be paid not

later than fifteen days, or in the case of a

public utility service not later than thirtydays from the date of the application for

leave.


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Computation ofWages during leave

period. For the leave allowed to him under1[Sec. 78 or Sec. 79, as the case may

be], a worker2[shall be entitled to wages] at a rate equal to the daily

average of his total full time earnings for the days on which 2[he actually

worked] during the month immediately preceding his leave, exclusive of

any overtime and bonus but inclusive of dearness allowance and the cash

equivalent of the advantage accruing through the concessional sale to the

worker of food grains and other articles:

3[Provided that in the case of a worker who has not worked on any, day

during the calendar month immediately preceding his leave, he shall be

paid at a rate equal to the daily average of his total full time earnings for

the days on which he actually worked during the last calendar month

preceding his leave, in which he actually worked exclusive of any overtime

and bonus but inclusive of dearness allowance and the cash equivalent of

the advantage accruing through the concessional sale to the workers of

food grains and other articles.]

(2) The cash equivalent of the advantage accruing through the

concessional sale to the worker of food grains and other articles shall be

computed as often as may be prescribed on the basis of the maximum

quantity of food grains and other articles admissible to standard family.


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Payment in advance in certain

cases

.-A worker who has been allowed leave for

not less than four days, in the case of an

adult, and five days, in the case of a child,

shall before his leave begins, be paid the

wages due for the period of the leave

allowed.


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the factories act, 1948, for india

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